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Compensation awarded to family of boy whose birth was delayed causing brain damage (16 November 2017)

Date: 16/11/2017
Duncan Lewis, Legal News Solicitors, Compensation awarded to family of boy whose birth was delayed causing brain damage

The family of a boy, aged 12, have been awarded compensation for a negligent delay in his birth which ultimately caused brain damage at Boston Pilgrim Hospital in Lincolnshire, by High Court judge Mr Justice Warby.

The figure is set £3.5 million, with £200,000 said to be given to the boy every year for the rest of his life.

The boy was born in 2005. During birth he was starved of oxygen, which was caused by the negligent delay during his delivery.

United Lincolnshire NHS Trust accepts responsibility for the delay which resulted in the boy’s diagnoses, including: cerebral palsy, learning difficulties, a respiratory condition and visual impairment.

His resulting condition means the boy requires round the clock care and he is completely dependent. The annual sum of money is predicted to account for all treatment and care he will receive throughout his lifetime.

Mr Justice Warby states that he has received the most devoted care and attention from his parents, however, the money compensated to them will enable them to, “best meet the boy’s needs,” as time goes on.

It must be noted that Sarah Vaughan-Jones QC, who represented United Lincolnshire NHS Trust, made a formal apology on the Trust’s behalf. The NHS Trust expresses regret and remorse over the negligent delay that occurred, “which led to this dreadful outcome for the claimant and his family."

It is a tough future to face when a family is changed so drastically by obstetric errors during labour. For ten years, between 2006 and 2016, it remains that the same number of babies are being born with brain damage as a result of negligent delays during birth, meaning there is still a lot to be done to improve the service the NHS Trust provides.

The Royal College of Obstetricians and Gynaecologists recently published a report on their Each Baby Counts UK quality improvement programme, recording all stillbirths, neonatal deaths and brain injuries that occurred during birth in 2015. The programme was initially launched in 2014 and it aims to reduce obstetric errors by fifty percent by 2020.

Duncan Lewis Clinical Negligence Solicitors

Duncan Lewis’ Clinical Negligence and Personal Injury team have extensive expertise in brain injury claims, resulting from medical negligence, including birth injuries, misdiagnosis, prescribing errors and surgical errors.

As a Chambers & Partners 2017/18 recommended firm, Duncan Lewis Solicitors are adept in personal injury matters. We are the largest UK provider of Legal Aid and specialists in no win no fee claims, meaning our solicitors can advise on making a brain injury claim which protects your interests.

If you or someone you know requires expert advice on a brain injury claim, call Duncan Lewis on 0333 772 0409.

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